Superstar Herbs v Commission for Conciliation Mediation and Arbitration and Others (P123/98) [1998] ZALC 55 (14 August 1998)

Superstar Herbs v Commission for Conciliation Mediation and Arbitration and Others (P123/98) [1998] ZALC 55 (14 August 1998)

The Labour Court found that the commissioner erred in placing undue weight on Madikwa's bare denial and disregarding the detailed, unchallenged evidence presented by Peters. The commissioner failed to provide reasons for preferring the employee's version and misapplied the requirement for corroboration at the disciplinary inquiry. The evidence established, on a balance of probabilities, that Madikwa was guilty of dishonesty, which justified her dismissal. The internal inquiry was conducted fairly, and the commissioner ignored established principles regarding dishonest conduct. The award was reviewed and set aside, and the application to make the award an order of court was dismissed.

Citation
[1998] ZALC 55
Parties
Applicant: Superstar Herbs; Respondent: Director, CCMA & Others; Respondent: Miss Madikwa
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 August 1998
Case Number
P123/98
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The application to make the award an order of court is dismissed. No costs are awarded.
Judges
D Mlambo
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Dishonesty, Code of Good Practice
Labour Law Unfair Dismissal Review of Arbitration Award Procedural Fairness Dishonesty Code of Good Practice

Case Brief

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Parties

Superstar Herbs

Applicant

Director, CCMA & Others

Respondent

Miss Madikwa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the CCMA commissioner was reviewable on grounds of gross irregularity or unreasonableness.
  2. 2 Whether the dismissal of Madikwa was procedurally and substantively unfair.
  3. 3 Whether the commissioner erred in preferring the employee's bare denial over the employer's unchallenged evidence.

Ratio Decidendi

The Labour Court found that the commissioner erred in placing undue weight on Madikwa's bare denial and disregarding the detailed, unchallenged evidence presented by Peters. The commissioner failed to provide reasons for preferring the employee's version and misapplied the requirement for corroboration at the disciplinary inquiry. The evidence established, on a balance of probabilities, that Madikwa was guilty of dishonesty, which justified her dismissal. The internal inquiry was conducted fairly, and the commissioner ignored established principles regarding dishonest conduct. The award was reviewed and set aside, and the application to make the award an order of court was dismissed.

Court Disposition

The arbitration award is reviewed and set aside. The application to make the award an order of court is dismissed. No costs are awarded.

Orders

  • The arbitration award issued by the CCMA commissioner is reviewed and set aside.
  • The application by Madikwa to make the award an order of court is dismissed.